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U.S. v. Villanueva, 1:17-CR-00198-LJO (2019)

Court: District Court, E.D. California Number: infdco20190130931 Visitors: 14
Filed: Jan. 29, 2019
Latest Update: Jan. 29, 2019
Summary: STIPULATION TO CONTINUE MOTIONS HEARING; FINDINGS AND ORDER LAWRENCE J. O'NEILL , Chief District Judge . STIPULATION 1. By previous order, this matter was set for a motions hearing on February 4, 2019. Three pretrial motions remain: Defendant Daniel Villanueva's motion for severance (Case#1:17-CR-198-LJO, Trial date: May 7, 2019 (ECF #277), Defendant Gerrick Franklin's motion for severance (Case#1:17-CR-198-LJO, Trial date: May 7, 2019 (ECF #301), and Defendant Leonardo Orrostieta's motion
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STIPULATION TO CONTINUE MOTIONS HEARING; FINDINGS AND ORDER

STIPULATION

1. By previous order, this matter was set for a motions hearing on February 4, 2019. Three pretrial motions remain: Defendant Daniel Villanueva's motion for severance (Case#1:17-CR-198-LJO, Trial date: May 7, 2019 (ECF #277), Defendant Gerrick Franklin's motion for severance (Case#1:17-CR-198-LJO, Trial date: May 7, 2019 (ECF #301), and Defendant Leonardo Orrostieta's motion to suppress (Case #1:17-CR-267-LJO, Trial date: Oct 8, 2019 (ECF #67)).

2. Defendants Daniel Villanueva and Gerrick Franklin are defendants in United States v. Montano et al., (Case #1:17-CR-00198) presently set for trial on May 7, 2019. The United States is presently in active plea negotiations with Defendants Villanueva and Franklin. The United States is also in active plea negotiations with the other defendants in the Montano case, and believes that many more defendants will resolve in the next few weeks. The United States believes that Villanueva and Franklin's cases may resolve. Additionally, given the substantial and ongoing plea negotiations with remaining defendants (with whom Villanueva and Franklin's charges are joined), the United States believes that Villanueva and Franklin's severance motions may largely resolve themselves in the next few weeks. Defendants Villanueva and Franklin and the United States believe that given the ongoing discussions regarding plea negotiations in the case (both with Villanueva and Franklin, as well as with the defendants charged in the remaining counts of the Superseding Indictment), substantial judicial economy will result from deferring the motions hearing until March 11, 2019.

3. The trial for Leonardo Orrostieta in Case #1:17-CR-00267 is set for October 8, 2019. The parties are in active plea negotiations and believe the case may resolve in the next few weeks. Defendant Orrostieta and the United States believes that given the ongoing discussions regarding resolution in that case, substantial judicial economy will result from deferring the motions hearing until March 11, 2019.

4. By this stipulation, defendants and the United States now move to continue the motions hearing until March 11, 2019 at 1:30 pm.

IT IS SO STIPULATED.

ORDER

The motions hearing presently set for February 4, 2019 at 1:30 pm is continued to March 11, 2019 at 1:30 pm.

IT IS SO ORDERED.

Source:  Leagle

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